bangsamoro basic law cluster 5 article x jurisdiction

8/10/2019 Bangsamoro Basic Law Cluster 5 Article X Jurisdiction

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BANGSAMORO BASIC LAW

ARTICLE X

BANGSAMORO JUSTICE SYSTEM



Section 1. Justice System in the Bangsamoro. – The

justice system in the Bangsamoro shall consist of Shari’ah

law which shall have supremacy and application overMuslims only; the traditional or tribal justice system, for

the indigenous peoples in the Bangsamoro; the local courts;

and alternative dispute resolutions systems.

For Muslims, the justice system in the Bangsamoro shall

give primary consideration to Shari ’ ah , and customary

rights and traditions of the indigenous peoples in the

Bangsamoro.

Nothing herein shall be construed to operate to the

prejudice of non-Muslims and non-indigenous peoples.



Shari’ah Justice System

Section 2. Shari ’ ah Justice System. – The in the Bangsamoro

shall have jurisdiction over Shari ’ ah law enacted by the

Bangsamoro Parliament pertaining to persons and family

relations, and other civil law matters, commercial law, and

criminal law.

There shall be cooperation and coordination with the Central

Government regarding the Shari ’ ah justice system, through the

different mechanisms as herein provided.

Comment: Labor law



Section 3. Laws on Shari ’ ah. – The Bangsamoro

Parliament shall enact laws pertaining to personsand family relations and other civil matters,

commercial law, criminal law, including the

definition of crimes and prescription of penalties

thereof. These laws on Shari ’ ah shall only be

applicable to Muslims. Criminal laws enacted

by the Bangsamoro Parliament shall be effective

within the territory of the Bangsamoro and shall bein accordance with the universally accepted

principles and standards of human rights.



Section 4. Sources of Shari ’ ah Law. –

The following are the sources of

Shari ’ ah law, among others:

a.Al-Qur ’ an (The Koran);

b.Al-Sunnah (Prophetic traditions);

c.Al-Qiyas (Analogy); and d.Al-Ijima (Consensus).



Section 5. Shari ’ ah Circuit Courts. – The Shari ’ ah Circuit Court in the Bangsamoro shall exercise exclusive

original jurisdiction over the following matters

a. All cases involving offenses defined and punished under Presidential Decree No. 1083, where the act or omission

has been committed in the Bangsamoro;

b. All civil actions and proceedings between parties residing in the Bangsamoro, and who are Muslims or have been

married in accordance with Article 13 of Presidential Decree No. 1083 involving disputes relating to:

a.Marriage;

b.Divorce recognized under Presidential Decree No. 1083;

c.Betrothal or breach of contract to marry;

d.Customary dower (mahr );

e.Disposition and distribution of property upon divorce;

f.Maintenance and support, and consolatory gifts, (mut ’ a );

g.Restitution of marital rights.

c. All cases involving disputes relative to communal properties;

d. All cases involving offenses defined and punishable under Shari ’ ah law enacted by the Bangsamoro Parliament

with imprisonment not exceeding six (6) years irrespective of the amount of fine, and regardless of other imposable

accessory or other penalties, including the civil liability arising from such offenses or predicated thereon,

irrespective of kind, nature, value, or amount thereof;

e. All civil actions, under Shari ’ ah law enacted by the Bangsamoro Government, involving real property in the

Bangsamoro, where the assessed value of the property does not exceed Four Hundred Thousand Pesos

(P400,000.00); and

f. All civil actions in which the parties are Muslims, or where all litigants have voluntarily submitted themselves to

the jurisdiction of the Shari ’ ah Circuit Courts, if they have not specified in an agreement which law shall govern

their relations where the demand or claim does not exceed Two Hundred Thousand Pesos (P200,000.00).



Section 6. The Shari’ah District Court in the Bangsamoro

shall exercise exclusive original jurisdiction over the following

matters:

a. All cases involving custody, guardianship, legitimacy, paternity and filiation arising under Presidential Decree No.

1083;

b. All cases involving disposition, distribution and settlementof the estate of deceased Muslims that are residents of the

Bangsamoro, probate of wills, issuance of letters of

administration or appointment of administrators or executors

regardless of the nature or the aggregate value of the property;

c. Petitions for the declaration of absence and death for the

cancellation or correction of entries in the Muslim Registries

mentioned in Title VI of Book Two of Presidential Decree No.

1083;



d. All actions arising from customary and Shari’ah compliantcontracts in which the parties are Muslims, if they have

not specified which law shall govern their relations;

e. All petitions for mandamus, prohibition, injunction,certiorari, habeas corpus, and all other auxiliary writs and

processes in aid of its appellate jurisdiction;

f. Petitions by Muslims for the constitution of a family

home, change of name and commitment of an insane person

to an asylum;



g. All other personal and real actions not falling underthe jurisdiction of the Shari’ah Circuit Courts wherein

the parties involved are Muslims, except those for

forcible entry and unlawful detainer, which shall fall

under the exclusive original jurisdiction of the

Municipal Circuit Court;

h. All special civil actions for interpleader or

declaratory relief wherein the parties are Muslims

residing in the Bangsamoro or the propertyinvolved belongs exclusively to Muslims and is located

in the Bangsamoro;



i. All cases involving offenses defined and punishable under Shari’ah law

enacted by the Bangsamoro Parliament not falling within the exclusive

jurisdiction of Shari’ah Circuit Courts or any other court, tribunal, or body;

j. All civil actions, under Shari’ah law enacted by the Bangsamoro

Parliament, involving real property in the Bangsamoro, where the

assessed value of the property exceeds Four Hundred Thousand Pesos

P400,000.00 ; and

k. All civil actions in which the parties are Muslims, or where all

litigants have voluntarily submitted themselves to the jurisdiction of the

Shar ’iah Circuit Court, if they have not specified in an agreement which

law shall govern their relations where the demand or claim exceeds Two

Hundred Thousand Pesos P200,000.00

The Shari’ah District Court in the Bangsamoro shall exercise appellate

jurisdiction over all cases decided upon by the Shari’ah Circuit Courts

in the Bangsamoro within its territorial jurisdiction, as provided under

Article 144 of Presidential Decree No. 1083.



Section 7. Bangsamoro Shari’ah High Court. – There is hereby created a

Bangsamoro Shari’ah High Court. The Bangsamoro Shari’ah High Court

shall exercise exclusive original jurisdiction, whether or not in aid of itsappellate jurisdiction, over:

a. All petitions for mandamus, prohibition, injunction, certiorari, habeas

corpus, and all other auxiliary writs and processes, in aid of its

appellate jurisdiction; and

b. All actions for annulment of judgments of Shari’ah District Courts.

The Bangsamoro Shari’ah High Court shall exercise exclusive appellate

jurisdiction over cases under the jurisdiction of the Shari’ah District Courts

in the Bangsamoro.

The decisions of the Shari'ah High Court shall be final and

executory.



Section 8. Additional Shari’ah Courts. – Upon the

recommendation of the Bangsamoro Government, Congress

may create additional Shari’ah Courts in the

Bangsamoro and apportion the jurisdiction of each of theShari’ah Circuit and District Courts.



Section 9. Qualifications of Shari’ah Judges. –

a.Shari’ah Circuit Court. – No person shall be appointed judge of

the Shari’ah Circuit Court unless he is a Muslim, citizen of

the Philippines, at least twenty- five (25) years of age, a

graduate of a four-year course on Shari’ah or Islamic

jurisprudence, and has passed an examination in the Shari’ah to be given by the Supreme Court for admission to special

membership in the Philippine Bar to practice in the

Shari’ah Courts. Provided that, for a period of

seven 7 years following the ratification of this Law,the requirement on the completion of a four-year

Shari’ah or Islamic Jurisprudence course shall not

apply.



b. Shari’ah District Court. – No person shall be appointed

judge of the Shari’ah District Court unless he is a Muslim,

citizen of the Philippines at least thirty-five (35) years ofage, a graduate of a four year course on Shari’ah or

Islamic jurisprudence, and has passed an examination in the

Shari’ah to be given by the Supreme Court for admission to

special membership in the Philippine Bar to practice in theShari’ah Courts. Furthermore, such person should have

been engaged in the practice of Shari’ah law in the Philippines

for at least five 5 years prior to his appointment; Provided

that, for a period of seven 7 years following theratification of this Law, the requirement on the

completion of a four-year Shari’ah or Islamic

Jurisprudence course shall not apply.



c. Bangsamoro Shari’ah High Court. No person shall be appointed

Justice of the Shari’ah High Court unless he is a Muslim, natural born

citizen of the Philippines, at least forty 40 years of age, a graduate

of a four year course on Shari’ah or Islamic jurisprudence, and has passed an examination in the Shari’ah to be given by the Supreme Court

for admission to special membership in the Philippine Bar to practice in

the Shari’ah Courts. Furthermore, such person should have been engaged

in the practice of Shari’ah law in the Philippines for at least ten 10 years

prior to his appointment. Provided that, for a period of seven 7 yearsfollowing the ratification of this Law, the requirement on the practice of

Shari’ah law in the Philippines shall only be for six 6 years.

The Shari’ah High Court shall be composed of nine 9

justices, including the Presiding Justice. It may exercise its powers,

functions, and duties through three 3 divisions, each composed of

three 3 members. It may sit en banc only for the purpose of

exercising administrative or ceremonial functions. The stations of

the three divisions shall be Cotabato City, Marawi City and Jolo, Sulu.



Section 10. Shari’ah Judicial and Bar Council. TheShari’ah Judicial and Bar Council shall recommend

to the Judicial and Bar Council applicants for the position

of judges of Shari’ah District and Circuit Courts in the

Bangsamoro and the justices of the Shari’ah High Court. TheJudicial and Bar Council shall give utmost consideration to the

Shar’iah Judicial and Bar Council nominees in

recommending appointees to the President. The President

shall issue the appointments within ninety 90 days from thesubmission by the Judicial and Bar Council of the list.



Section 11. Consultant to the Judicial and Bar

Council. - The President shall appoint a consultant to

the Judicial and Bar Council, recommended by the

Chief Minister from among the members of theShari'ah Judicial and Bar Council, who shall advise

and be consulted by the Judicial and Bar Council on

appointments to Shari'ah judicial positions in

Bangsamoro.



Sec 12. Composition of the Shari'ah Judicial and Bar

Council. - There is hereby created a Shari'ah Judicial and BarCouncil to be opposed of five (5) members: a senior member of

the Shari'ah High Court, as ex-officio Chairman, the Head of the

Shari'ah Academy, and one (1) representative from the

Bangsamoro Parliament, as ex-officio members. Other regularmembers of the Council shall be one(1) representative each from

the accredited organization of Shari'ah lawyers and other

appropriate accredited organizations in the Bangsamoro.

The regular members of the Council shall be appointed by the

Chief Minister with a term of five(5) years without

reappointment.



Section 13. Functions of the Shari'ah Judicial and Bar

Council. The Shari'ah Judicial and Bar Council shall have thefollowing functions:

a. Recommend nominees to the Shari'ah courts in the

Bangsamoro which shall be submitted to the Judicial and BarCouncil; and

b. Conduct investigations over erring members of the

Shari'ah Bar in the Bangsamoro and over judges and

personnel of the Shari'ah Courts in the Bangsamoro, and

submit results of such investigation to the Supreme Court for

the latter's action.



Section 14. Shari'ah Rules of Court. The rules of

court for the Shari'ah courts in the Bangsamoro shall

be promulgated by the Supreme Court, giving

utmost consideration to the recommendations of theBangsamoro Shari'ah High Court. In the meantime, the

special rules of court for Shari'ah courts, as

promulgated by the Supreme Court, shall continue to

be in force.



Section 15. Special Bar Examination. The Supreme

Court shall continue to administer Shari'ah Bar

examinations for admission of applicants to the

Philippine Bar as special members thereof, with due

consideration for the special nature of the Shari'ah

system and utmost regard to the proposals of the

Bangsamoro Shari'ah High Court on this matter .



Section 16. Compensation- Judges of the Shari’ah Circuit

Court in Bangsamoro shall receive the same compensation andenjoy the same privileges as judges of Municipal Circuit Trial

Courts.

Judges of the Shari’ah District Court of the Bangsamoro shall

receive the same compensation and enjoy the same privileges as

the Judges of Regional Trial Courts.

Justices of the Bangsamoro Shari’ah High Court shall receive

the same compensation and enjoy the same privileges as

the justices of the Court of Appeals.



Section 17. Appointment and Discipline of Shari’ah

Court Personnel. The Supreme Court shall appoint

the Shari’ah court personnel and shall have the power

of discipline over them. The Shari’ah Judicial and BarCouncil shall conduct investigations over erring

personnel in Shari’ah courts in the Bangsamoro and

submit such investigation to the Supreme Court

for the latter’s action.



Section 18. Shari’ah Public Assistance Office

to provide legal assistance to indigent party

litigants, the Bangsamoro shall create a Shari’ah

Public Assistance Office for the differentShari’ah courts in the Bangsamoro.

ARMM Organic Law Section 6



Section 19. Shari’ah Special Prosecution Service. - There shall be created a Shari’ah Special Prosecution

Service for Shari’ah administration of justice in the

Bangsamoro. The Shari’ah Special Prosecution Service

shall be attached to the National Prosecutorial Serviceof the Central Government. The Bangsamoro

Government shall recommend the qualified applicants

for the position of the Shari’ah prosecutors and

personnel of the Shari’ah prosecution service to the

Secretary of Justice.



Section 20. Shari’ah Academy.- There is hereby

created a Shari’ah Academy, the primary function ofwhich is to conduct courses and trainings on the

practice of Shari’ah law in the Bangsamoro, accredit

courses and degrees obtained by Bangsamoro from

schools and Universities abroad, and develop thecurriculum of schools and universities in the

Bangsamoro. The Bangsamoro parliament shall define

its powers and additional functions and appropriate

funds therefor. The Shari’ah academy may coordinatewith the National Commission on Muslim Filipinos

(NCMF) whenever necessary.



Section 21. Bangsamoro Jurisconsult in Islamic Law. - There

is hereby created an office of Jurisconsult of Islamic law in the

Bangsamoro. The Parliament shall define the powers and functions

of this office.

The office of Jurisconsult shall be a collegial body composed of

the Jurisconsult and three (3) Deputies who shall be appointed by

the Chief Minister upon recommendation of the Parliament, takinginto consideration the various ethnic groups in the Bangsamoro.

The Juris consult and his deputies shall be members of the

Philippine Shari’ah Bar or the Integrated Bar of the Philippines,

Muslim Bangsamoro, holders of Bachelor Degree in Islamic Law

and Jurisprudence, must not be commonly known as one who

violates Islamic injunctions, with proven competence and probity,

mentally fit, and known for integrity and high moral standards.



Section 22. Jurisconsult Under Existing Law. -

Notwithstanding the preceding section, the Office of

the Jurisconsult under PD 1083 shall be strengthened

by providing for salary, rank and privileges of a Justice

of the Court of Appeals.



Section 23. Traditional/ Tribal Justice Systems. – The Bangsamoro Parliament shall enact laws to

promote and support the traditional/ tribal justice

systems that are appropriate for the indigenous peoples,

as defined by them. The traditional justice systems arethe mechanisms to determine, settle, and decide

controversies and enforce decisions involving disputes

between members of the indigenous peoples concerned

in accordance with the tribal codes of thesecommunities.



Section 24. Office for Traditional/ Tribal Justice System. –

There is hereby created an Office for Tribal Justice System

responsible in overseeing the study, preservation and

development of the tribal justice system within the Bangsamoro.The powers and functions of the Office shall be defined by the

Bangsamoro Parliament.

The Office shall ensure the full participation ofindigenous peoples in the formulation, implementation and

evaluation of policies related to the strengthening of tribal

justice system; ensuring further that such systems maintain their

indigenous character in accordance with the respective practices

of each tribe.

ARMM Organic Law Article IX Section 14

RA 9054 Article VIII Section 19



Section 25. Local Courts. – Local courts in the

Bangsamoro shall continue to exercise their

juridical functions, as provided by law. TheBangsamoro Government may undertake

measures to improve their workings, consistent

with the powers of the Supreme Court.



Section 26.Alternative Dispute Resolution (ADR). The

Bangsamoro Government shall provide for the institutionof alternative dispute resolution system in the

Bangsamoro. The Parliament shall enact the necessary

legislation for the operationalization of ADR.

The Bangsamoro Government shall adopt the

principles of conciliation and mediation in settling

disputes. The Bangsamoro Parliament may provide for

prior recourse to alternative dispute resolution before thefiling of cases in Shari’ah courts in the Bangsamoro or

any Bangsamoro government offices.



Section 27. Justices from Bangsamoro. It shall be the policy of

the Central Government that at least one (1) justice in SupremeCourt and (2) justices in the Court of Appeals at any one time who

shall be qualified individuals of the Bangsamoro territory. For this

purpose, the Chief Minister may after, consultations with the

Bangsamoro territory Parliament and the Shari’ah and BarCouncil, submit the names of qualified persons of the Judicial and

Bar Council for its consideration. The appointments of those

recommended by the Chief Minister to the judicial positions

mentioned above are without prejudice to appointments that may

be extended to other qualified inhabitants of the Bangsamoro to

other positions in the Judiciary.



Section 28. Deputy Court Administrator for the

Bangsamoro. The Office of the Deputy CourtAdministrator for the Bangsamoro is hereby created.

The Deputy Court Administrator for the Bangsamoro

shall be appointed by the Chief Justice of the Supreme

Court from among three (3) recommendees submitted by

the Chief Minister upon previous consultation with the

Bangsamoro Parliament and with the concerned sectors

of the Bangsamoro.

RA 9054 Article VIII



Cluster 5Katrina Joy Angelo

Shiela Mae Basadre

Mae Bungabong

Mides Cerbo

Jessiele Ann Fabian

Merissa Ibanez

Kenneth Aldrin Orallo

J id T b

THANK YOU!

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